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BY GEORGE BERGNER
Pennsylvania Legislature.
114EPOBTEIER ; E:24'ILESSLY FOE THE TEl s ZGBATTL
HOUSE OF REPRESENTATIVES
- • Tumair, February 16, 1864.
The House was called to order at 11 o'clock
Weld Speaker pro tern , Mr. 6MlTHlChester.)
The Journal or yesterday Was read and ap
proved.
'COMMUNICATION PROM GOVERNOR AND AUDITOR
. . .
' GENERAL RELATIVE TO LAND SORIP
The SPEAKEEtpro tem l laid before the House
the following communication from the G wer
nor and Auditor General:
HAREM:IMO, February 15, 1864.
Hos. Has CJOHNSON,
Speaker of the. House of _Representatives:
In answer to the resolution of the House of
of Representatives of the 10th inst., requestir g
the commissioners appointed by the act, enti
tied "An act to accept. the grant of public
lands by the United States to the several States,
for the endowment of Agricultural Colleges,"
approved the Ist day of April, 1863, "to corn.
municate to the House what rules and regula
tions, if any, Ave been m.de by them respect
ing the manner in which the Surveyor Gen
eral shall dispose of said land, and whether
any measures have been taken to sell said land
scrip," the undersigned, members of said Board
of Commissioners, referred to in acid resolution,
respectfully beg leave to report,
That the Board have had several informal
meetings in relation to the sale of the land
scrip referred to, but have, as yet, made •no
rules or 'regulations respecting the manner in
which the Surveyor General shall dispose of
the same, nor have any measures been taken to
sell the same.
Reepectfully, &c.,
A. G..CURTIN,
Govern&
ISAAC SLENKER,
•
Auditor Goners'
laid on the table
PETITIONS PRESENTED
Mr. NELSON, on leave given, presented
eleven petitions from citizaru3 of the township
of Salem, county of Wayne, asking for the pas
sage-of a law.to enable them to raise bounty
for volunteers.
DILLS CaNSIDBABD 11CiTION
Mr. NELSON, on lea-to given, rend in place
mad to authorize and, enable the township - of
Salem, in the county of Wayne, toF levy and
collect a tax to pay bounty to volunteers.
• On motion of Mr:NEL-01P, the orders were
• ,au spended and the. House proceeded to the
consideration of the bill, which was. read and
' agreed to.
The role being suspended, the bill'was read
a third time, and
-Passed finally • •
On leave:given, , -."
Mr. 'ORA Mit readle Plied at hAtlrortitur
for the payment of hotmties i to voluu,feersln
''Schtiylkill county.
On motion of Mr. GRABER, ` the.orders wore
suspended,: and 'the Howe • proCeeded to the
conaideration.of the bill, which was read
Mr. COLEMAN. With regard to this bill, I
am very sorry to interfere at all with any local
legislation in the matter; but Lhave been writ
ten to by gentlemen from Scbuylktil County on
the subject, and as far as -I can nndialetand the
matter, this last section .is the , objectionable
Motion.
have not listened to it vary carefully, and
m' understanding of it is that which I have
received from the gentlemen who have written
tome. It is very unpleasant, as I have. Intl
,. mated, to meddle with the local legislation 'of
the gentleman from Schuylkill, .arld,l believe
I have already run against that . -gentleman
twice, Bet it strikts Me.that this -particular.
section la not a bounty to volOnteers, as I un
derstand it. Ann have. beim written to an
that point, that probably there, would be some
tbing„sprung up which, instead .fof being a
bounty to volunteers, would really bp a bounty
. Jarman` to stay out of the eervic-. Whether
this is so or not, having been written to on
this.subject, - 'I would prefer that the gentle
men from. Schuylkill county ou both sides
Would have a little more time to look at the
subject; therefore, I would like to have the
bill postponed for the present.
~ Mr, 0-SABER. Mr. Speaker, will explain
with regard to this matter for the information
of the gentleman.
I have conversed with a number f tax-pay-.
era in Schuylkill county, and they all seemed
Ikfeyor of, a bounty with the exception of a
dew land-owners, -who thought the tax's would
; bethereby.made too high. ,
~' • Although our committees have agreed to paY
two hundrt d and fifty dollars to each man, we
could not fill our quota betore the draft,, if one
was enforced in our county. - We ask that we
`,; be allowtal to.pay also to; these men one hun
dred and fifty dollars. in addition; ,It weiQd
help them to procure subftitutes.
That is the only thing to which the gentle
utiat objscts,-I Suppose, If, anybody can see
. an yt4ing, wrong, I am willing the bill should
be postponed. If we are-Willing lit Schuylkill
..county, I do not see what.objection People_out
* Ode of it can have. . •
.
' The SPEAKER pro fem. I would state to
the House that • have also received a letter
from agentlemakin Schuylkill county,obj eel lug
tothe bill as the gentleman from Lobed= has
•
Zr. COCHRAN- (P.l3l.ladelphia-.) It appears
to too .Itat that section will make the bounty
in.that c,:nnty unegnal. Now, 'suppose a man
kj () r ott e d ai :4 he receives one huAdred b and fifty
olling as bon "ktY, or for the purpose of corn
,
: ~euestiiig some I ,l.,wison else to go imbis,plate;'
:there:are persons e ol 2.king from that connty who
may get one hundred a:ld fifty dolls= bounty,
taut Another one hundred and fifty dollars for
iithatitution. In that respNt, it will be un.,-
equal.
The SPEAKER. pro tent. 'ale Speaker sag--
geshr that tiaeLbill Might: as well lie over. It
intesfere.with our.private oaiendar, as it
may muse somsdebsti::.
The bill was then.laid over. *
Mr. GLASS. I move that the orders of the
day be - postponed In order to. Akablettbe House
to proceed to the consideratinn.nf lap act pro
' Tiding forth° payment of a bounty to volun
The orders of the day being - c ieg t the 07
Mon was withdrawn. . • --
PRIVATE CALENDAR
Agreeably to order,
lieHonse p rome ded.tothitqui)ujkrati° ° of
billion the private ealeadar.
The following named bills perifieigl firs t time and laidibyer for a second retiffing:
ROI19:3 bill No. 122, an act to Pie
county to the :Western diatilet of the Supreme_
ofJoust.
House 13'.11 : No 126, an act'antfatilsinr;the
commissioners of Ferry cr..unty to appropriate a
certain sum of money for making a mountain
road in said county.
House bill No. 127, an act to increase the
compensation of the county commissioners of
Franktlia clunty.
House bill No. 128, an act to increase the
compensation of the directors of the poor and
hout:e of emplosment in the county of Frank
lin.
Amendcd by Mr. SHARPE, by striking out
the word " December," and.substituting " No-
Tember."
House bill No. 129, a Supplement to the act
of the Bth day of May, A. D 1857, authorizing
the erection of a poor house by the township
of Jenkins, the borough= of Pittston and the
township of Pittston in the county of Lu
zerne.
House bill No. 132, an act relating to the
collecting of district and township debts in Di
Z3TDO county.
House hill No. 134, an act to compel the
Erie canal. company to construct end keep in
repair the bridges made necessary by the con
struction of their canal.-
- _
House bill No. 135, an natio repeal certain
portions of the ninth section of an act to pro
vide for the regulation and inspection of build
togs in the city of Philadelphia, approved. May
7, 1855.
House bill No. 136, en act directing the man
ner of making election returna in the borough
'of Pittston, in the county of Lnzerne.
House bill No. 137, an act to enable the city
of Erie to sell her stock la the Sunbury and
- Erie rallroad'coropany.
Amended" ii the adoption of a substitute of
fered by Mr. COCHRAN (Erie.)
House bill No. 138, an act to divide the
borough of Titusville, in the county of Craw
ford, into two wards, and for other purposes.
House bill No. 140, an act to authorize the
. school direetors - of the tforough of Downing
town, to gel', end:convey certain , real estate.
House bill No. 14t, an act to change thetirne
of closing- the'polls •at the general and town
ship elections inctbe county of Bradford.
Hones bill No. .142, an act to change the
placeof holding the general' and special elec
tions in Suequehanna township, Lycotning
county.
Houselfill No. 144, a, further supplement to
an act incorporating thecity of Philadelphia.
House bill No. 146, an act to incorPorate the
Johnstown hall and market company.
House bill N 0.147, an act to incorporate the
Chapman slate•ccimpany.
House bill No. 148, an Act to incorporate the
Hamilton park 8.1390 t iat ion of the Twenty-fourth
ward, Philadelphia.
Houee bill No. 149, a supplement to an act
to incorporate the Lackawanna afitt Blooms
,
burg railroad company, approved April 6, 1862.
an act requiring he Qua
•kake railroad company to fence their road in
'„RnsiktoWnship, •Botinylirill county.
~;,`tiiiirteed'lly Mr. LONG, by . adding hi the'
Ai-W-110e; -after the word "oonnti," the words
a•and that part - nfatid road kkieg'in'Aie county
of Carbon."
Eriuss No. 162, an act for the relief of
Henry Welsh, a soldier in the-State service.
House bill No: 169, an-act to pay I .4 wis Culp,
of Dauphin county, a pension. '
House bill N0:169, an act organising a com
pany to construct a turnpike road from the Ox
lord plank road, over the road known as the
-Milltown road, to Milltown, in:the Twenty -third
ward, in the city of Philadelphia.
House bill N 0.162, an act to Incorporate the
Germantown and Chestnut Hill turnpike corn
,
.PanY
. Amended by Mr. SMITH, (Philadelphia,) by
striking out, in the sixth , line of the third sec
tion, the words "Talpehocken," and substitu
ting "Blenheim."
Also, by adding, after the words "Manheim
street," the,, woids, Poi such other point In
Green street as the directors May deem ad
visable." .
Alit& in the first line to strike out the word
"shall," and insert "may."
House bill No. 163, an act to incorporate - the
3ighland woollen manufacturing Company."
House bill No. 164, an act for' the Toilet, 'of
Daniel Shaner, of Butler county.
House bill No. 166, an act supplementary to
an act incorporating the borougl:t,.of South
Pittsburg, Allegheny'county:
Ho 11E0 bill No. 167, an act to incorporate
the Frankford and Falls of Schuylkill turnpike
company. ' • - -
Amended ,by Mr-SMITH, (PhilaNilplaia,) in
section first,.by inserting the names' of certain
additional corporators. •,* •
Also, ; in, twelfth line, by adding, after the
word "Bridesburg," the following:• "and to
Tacony." i
Also, in fifth section, by inserting in mow!
line, between the words "dr" and "others,"
the word W' and by adding, after .the word
e‘otheia," t h e words, "without - theoonsent of
said company."
House bill No. 171, a supplement to an act
to incorporate' the -Wissahickon and Plymouth
railroad company.
House bill No. 172, a further *supplement to
an act incorporating the Penn liltitnal life In
surance company. •
House bill No. • 96, an act to regulate the corn
"pensation of couuty cmamissloners, roam di
rectors,:anditors, jurymen and witnesses, in
the county of Bucks.
The _following bills were objected off the
calendir:
By Mr. MILLER,
. House bill No 130, act to vadate Nash
street, in the Twerity-second,ward, in the city
of Philadelphia.
By Mr. GRABER,
House bill No 143, an act to Incorporate the
Tutcarora water company.
By Mr. BOYER,
'House bill No. 146; an act to incorporate the
Plymouth iron company.
By ,Mr. ALLMAN-,
" Hobo bill an act it; aiithotize David
Small to assign and pay over certain trust
ImoßstitY.
- By Mr. RIIAIIPE,
- 'lEduse.bill No 181. an act for - the relief of
Alexander Dale; of Franklin county.
By Mr. LABAR,
House bill Ne. 169, an supplement to an act
authotielng the Lehigh coal and navigation
company to extf o l ttleir railroad from White
HavenB6B Mto ann bOCIF approired March 4,
•
" •
- .
.By Mr. BILLINGFELT,
House bill No. 170, a further supplement to
an,act incorporating the Reading and Columbia
railroad onapany. • •
The following bill was, on motion of Mr.
Hama% fa- mitred to Committee on
• Olaipls:
Bcuse,lll No. 144,143 act tor ref of
Willfam:Bbnrod. ,
On motion Cif Mr. COCHILOT, Phile.delphitt;)
theakonrl.oLadjotto*ent VW extended until'
the,priTto oleralar 111°10 dppoeed ot •
HARRISBURG, PA., WEDNESDAY EVENTNIG, FF,BRUARy 17, 1864.
On motion of Mr. COCHRAN, (Philadel ,
phis,) the Rouse proceeded to the further con
sideration of bills on the private calendar.
The!ollowing bills were read a second time,
aed'disposed of as stated:
'House bill No. 22, an act to attach Erie
county to the Western district of the Supreme
Court.
Passed finally.
House bill No. 126, an ackauthorizlng the
commissioneis of Perry county to appropriate a
certain sum of money for making a mountain
road in sild county.
Passed finally.
Hones bill No. 127, an act to Increase the
compensation of the county commissioners of
Franklin county.
.`
Passed finally.
House bill No. 128, an act to increase the
compensation of the directors of the poor and
house of employment In the county of Frank.
lin.
Passed finally. ' '
House bill No. 129, a supplement to the act
of the 81h day of May, A. D. 1867, authorizing
the erection of a poor house by the township
of Jenkins, the borough of Pittston and 'he
township of Pittston, in the county of Lu
seme.
Passed finally.
House bill No. 133-, an act relating to the
collecting of district and township debts in Ls-
MIA county.
Passed finally. ,
House'bill'No. 134, an actte compel the Erie
canal company to construct and keep in repair
the bridges made necessary by the construction
of their canal.
Mr. REX. I move that thelhill be postponed
for the present. -'
Mr. BURGWIN. '
.I move its Indefinite post
ponement. •
Mr. COCHRAN (Erie`) Mr. Speaker, as this,
is a bill in which my constituents are lotereet‘'
ed, and in order that this 'House may act un
deretandingly in this Matter, I propose to glib
the history of this canal and company. The
Erie canal connects lake Erie with the Ohio
river at a point twenty miles below 'Pittsburg.
Its length, including the French Creek feeder,
is one hundred and sixty - eight miles. This
work was commenced and nearly finished by
the State of Pennsylvania, but the great finan
olel crises, which followed in the wake of the
Speculation of 1838, and which many of us re
member with -sorrow, compelled the State to
suspend the further prosecution of the work,
and thus it remained'for some time. At the
session of the Legislature of 18„48; the Erie ca
nal company was incorporated,
_and Gen. Chaa.
M.. Reed and others were appointed' commis
sioners- to receive subscriptions to the capital
etock, which'was fixed at ten thoneand shares
of fifty, dollars each. When ten thousand
shares were paid the Governor was to Issue let
ters patent, &c.
The .
act Jaye the„RtillUtie4ight Iola?
HUMO-4031FIARII, nonditionev-e
Havilsg.sdeceeded there far, they opened-their
books And set, about, obtaining eubscriptinits , to
the capital:stock. They stem got the ten thousand
shares surscribed,w hich, according to their Mete
of life, was made a prerequisite of their existence.
Only timesharee, however, of the one thousand
'subscribed were paid for at, the time ; nor have
they ever since been paid for, in good friith.
And here the subscription to the stock of ' the
company ended, it having been discovered by
the acuteness of financial vision that there
were serious objections to boning the balance
of the stock, inasmuch as stock was liable to
taxation, and it never would,suit their purpose
to submit to the payment of taxes, as it would
not only diminish their profits, but ruin their
repination as financiers. They.therefore issued
a large amount of ,brands—let the work to
themselves at three prices—sub-let it for less
than half of what they allowed • themselves,
and of course made a majeritY of all the bonds
issued clear in the operation. Little interest
was paid ,on the bonds for years, and when the
11101 who_worked for_their_bonde wanted their
interest, and were about to compel payment by
sequestrating, the hilli;:the company induced
the -_,Lesielatufe:to ;Patti a law. preventing the
canal being priCinto -sequestration - gander the
general lhw, unless a majorityin amount, of its
creditors should agree to such a proceeding.
.TOTt e itvas a complete denial of justice to the
'ooi-creditor, for:the, ritentbers of .the company
held a majority of its bonds, and of course
would not conset to the sequestration.
'This legislation was or service
to the company, for it not .'only'
stopped the clamor about interest, but
compelled -the outside bondholders to sell
their bonds to the directors for just what the
latter pleased to offer. And thus the bonds
were bought ,:try, the direetomand their agents
as low as twenty cents on the dollar. Thus
the creditors at home.were silenced. Bat the
State had a right to resume the work, by the
payment to the company of the amount of
their outlay, &c., claim ,-nanst ' be
got 'ad of before the company could 'feel at
ease in their possessions. So the old scheme
of special legislation was twain resorted tp, and
was again succeisful. An act was passed re
pealing the-right of resumption; and thus they
had now "none . to molest or make them
afraid." They.had.nothing to do but to con
gratulate each other on the succein of their
sharp practice, which is but a , 'euphemism for
stealing. The bonds bought up for twenty cents
on the dollar, with the money which was due the
bondholiere in interest, and`the right of re-.
trumption belonging to the Commonwealth,
were thus wiped out by legislation. The com
pany now b:gari to give. evidences of thrift
which had before' been carefally"concealed:
Theynow had plenty of monerto pay a full
rate of interest on all their tionds, including
those issued to the directors for the purpose
heretofore mentioned, besides havirig money
to lend. 1
But there was one other thing I omitted to
mention, which was pecniarly annoying to the
company, and that was, the pepple contended .
that as the company had received lids.
nificenl, donation from. the State--.one
hun
dred sixtTeight , miles . of";canal, nine
tenths of which was already ..hqut, cost
ing, bridges and all, five millions of money
—the company should keep the
_bridges in re-.
pair, and re-build them, when necessary, as the"
State would have done hid, it :,retained the
work. Now this, to an outsider, would leok like,
a fair proposition that the company, having all
the benefit c t this large outlay of the People's
money, most certainly should assume the bur-,
•den.of keeping-up the bridges. But the Anon
cial Committee of the company was again called
tigether, and they reported a plan to rid the
company of the undignified and 'humiliating
, task of building and repairing bridges for the
- acconamodation.of the peasantry. The'repbrt of
the committee was ndopted. It was simply
this 4 sham suit was to be 'brofight,
in which the company , ehesild by plain-
Aiff and'. defendant ' though pert or reArd;
their ithOnld . thltke Up' awe otatieltand pot the
decision of the Supreme Court. All of which
was done, and the court decided that In the
absence of,anflaw declaiing ,Who Should keep
up the bridges, the conapitiyobuld'not be com
pelled to do it; hut also said. the Legislature
might decide .who should keep them up—
whether the counties ,or townships through
which the canal passes, or the canal company
should do so.
Knowing that judice and all the equities of
the case would require , the company to build
and keep In repair the bridges made necessary
by their inaProvements, we come foible Legis
lature and ask- you to pass a law egmapelling
this monster corporation to do one act of jug
tice. Now, why should you refuse to grant
ear request? What claim has this cOmpany
for farther protiction - at the expense of the
people? Its first act, by "which it secured its
lease of life, was a fraud; and this was followed
by another, to oheat the State out of its taxes;
and this by still another—to cheit their credi
tors out of the bonds - and ten years' accrued
interest. Its wlrole life has been one of con
tinuous fraud and oppression. During the
most of its existence it has had its•representa
tive in this hall asking for additional legisla
tion; and it has had all it aaked tor.
And now the people, whole money has boat
their canal, and upon *hose life-blood the
company, has fattened, implore, you. to compel
this IIORIUD) smear to,cease goading them; and
will you refuse to grant their petition of listen
to their appeal?' •
This corporation asks-everything Like the
" daughters of the horse leach," It continually
cries "Give, give," but is never willing to give
anything in return. Refuse us the legislation
we ask for, and you in effeot permit this com
pany to levy an annual tax through all coming
time on this already outraged community—
sufficient in amount. to build-and keep In re
pair all the public bridges , on one hundred and
sixty-eight miles of canal-:-thefeby - offering a
premium for rascality. This Legislature is the
bray power Cu earth that can curb this corn,
pony. you gave it birth and wealth, and
have made it one of your most favored chit
dom. But we are not envious. Say to this
company, ; by your action on this bill , that we
carry their burdens no, longer, and we are
content. If you refuse our request, we, are
left wilhout hope, for we have no charter ; ith
which to evade law and escape justice, and' we
must Submit.
.
'Mr. REX. The gentleman. from Erie: has
some little pick at this conipany, and this bill
is-made the means of compelling the company
to ac.ywhit they are not required to do by law.
It ippears: that, the qrmstien at issue has been
tried in the Snpreme Court, and that court has
decided in favor of ihis canal company.
Mr. ,COCHSAN (Erie.) . The gentleman "is
certainly mistaken; I didnot: say so.
Mr. REX.: 116'now . coniiii: into ~ t he
Inreltndiaaitifelkitin - actof),AltseniblY to ()imps
talk banipisei"...teAdiaembretliiittg the
act.:4l itsiorporation.therlitetiant &dialled" to
'Mr. COCHRAN I(Erie.r.l.2llbMittothem-.
sideration of.. this , Wilke that 'Mel- tompnny
took the: ctinaln vAthjthe' tuideratariding that
they should de whatevef-thOtsite:Wotild haVe
doneliadtherfeseestdon of. the carial-remidned
in the hands•ofttle'Stitte. :14-etlier'oases, the
State built rthertiridgee and kepttliem iu repsdr,
and there is no : reason why •we .shotild make
flesh of one and•fish:of spottier-. I atgue that
the company is bound , invxd faith to do just•
What the- State would --have doue—that is to
keep up the bridges. If I would ask;for justice
in this case, I would ask that all the money
that had lieeri paid ant 'to build these bridges
should be refunded; but we only ask a small
pittance of justice, and we hope the gentlemen
will not refuse our request.
LLRAB. MT. Speaker, I merely wish
to say a few words in regard to this bill. I
believe the gentleman ' from Aria is correct in
hie vie ws lh tegaid to thee id. -company keep
ing th'esetbridges in repair . ticress thiacanal. I
do not see why this canal , company should be
an exception'to • the geriefil rule. We find
that when the canals passed out of the hands
of the State, they did so with all the privileges
and responsibilities, and that le the case with
that .• • -
Ai thiallouso is aware, the necessity for said.
bridges was' naused by the canals; whether built
by the State, or commenciAby the • State and
finished by the companies ; and then) bridges
having been built by the 'State,l presume it
was proper that they . should be continued by
the companies.! , • - •
If twee, as I look,npottit, a maxi-oversight
. _
in the law ! pot statinilhat the private bridges
should be maintained, as well, as_ the public
bridges, it does seem to me to bo• very unjust .
for any county or apy. community to build , or
to maintain bridges across apy canal merely
from the fact that it is a canal.gobag through
said county which makes it necessary to have
such bridges. Most, aesure,dly,the gentleman
from Erie is Correct., , Theepestion„is whether
this company shall act 'Mood Nth, or whether
they shall thtow the: maintenance . of these
bridges upon the different comities through
which they_pam.
Mr, moatpg. Mr. Speaker I was original
ly.opposed to .this, bill, because I believed it
to be unconstitutional.
There has been something said by the gen
tleman from g t rie in regard to . the .decision of
the Supreme Court Upon the.question.. I would
state, for the infOrmatibn! of the House,. my.
impression auto the pointi Which that decision.
„touches in this case. r- •
By referring to the charter.of this com pany,
yon will find:that it-wai obligett to build-farm: '
bridges acrose.its canal where thetianie became
necessary. - Thetis - this only duty 'which the
charter.imposes upon• this company in regard
to the building of bridges. -
Now, Mr. Speaker, you well know, as well as
every attorney upon this floor, ,that in the ab
sence of express legi6lstion Upon - this subjebt,
•lt-is made theidtttY either of:the township or of
the county officers` to Ctinittuct 'bridges across
canals or other streams, where'public highways
cross each streams' or such 'canals. Now, this
act before the : Reuse proposes' to impose upon,
this canal company an 'additional ditty to that
which is, imposed by its i chattee, 'namely: The
- construction of bridges acrees:this canal where
the public highways pass over it. ''..Yon will ob
serve, Mr. Speaker, that this le entirely a new
• anti additional' obligation' imposed; upon this
company beyinufthe , Orupi,of rta Outer-
Just at ibis point.thaCionatitutional - objection
arips:' Can the Leglabdure; after a - Charter has
been granted to the companY,'lmprtie addition.:
al tintiee upon it which were,not contemplated
by the charter - A 'charter from'Oe'ettato - to a
private cirp:natiOrtis , a dentract; and yon also
know 'very welt, sir that all legislation which
impairethe.obligatiBn Cf.a coatcact,under the
Conititution `of , the 1:1 iiited States,. and under
the Constitution- of PennsYlvarde, Ii declared
to be 4nconititntlolial* and: void: - ,
ow; At.w true, Oat controyo* 'between.
his company end boiodih - anthoritikii of
(I'bellerra it wns;)Teiteheo the Su
preme-Court of rennsYivania,-aid•theiamstitn
tional qiiestioV was. left open. The -Supreme
Court of Pennslivania did not decide, as the
gentleman from tide has stated, that we had a
right here in the - Legislature to impose upon
this company the additional duty of building
bringcs111C1:0811 the public highways where the
acme pf/Med over the awl. 1 That question was
left openointottchEd by that decision - of the
Supreme court.. . •
We now come ; bask to the deeision;of tbst
question here for the,first time; .It.,appears
that there was a temporary act passelby..the
Legislature of Pennsylvania Imposed
this duty upon thls.canal. company. If f re
member oorrectly, -that ohlliation was.imposed
In an appropriation bill. Yon Anow, Mr.
Speaker, that thatoWai a very common method
—passing load legislation by attaching it to
the appropriation bills, that were before the
legislature, thus slipping through thelegisla
true on the ehonAders of the appropriation
bills. This - Legislature held that that part of
the . bill which imposed this duty upon the
company of building the public ,bridgas had
expired of. its own limitation, that there was,
therefore, no legislation.upon the subject; and
therefoie the borough authorities and the
county authorities were obliged .to fall back
upon the principle which imposes that duty
upon the counties or boroughs, and not upon
chattered companies makes it is provided in
the charters of said companie,F,.
I was Informed that the company has with
drawn its objection to this bill, that-It has con
sented to waive all opposition to it. I there
fore shall vote in favor of the passage of the
bill; bat I deem it proper that the House
should understand this question, and that my
reason should be puinpon the record for voting
for a bill which I believe to be unconstitutional.
If the Company has withheld its opposition to
this bill on the ground of, its unconstitution
ality, I do not tipliqve that we should oppose it
wheuthe,company is willing to accept the ad
ditional burden which it imposes upon them.
Mr. BURGWIN. I have no disposition what
ever to detain this House with any lengthy re
marks, as the district to be affected by this bill
is more directly represented. by my colleague
than by myself. Bat I do think the canal
company Should be required to build these
bridges. I have no quarrel wluttever with the
company, but inasmuch as the State owes in the
habit of building all the necessary larldgis across
this canal and keeping them in repair, I think
that this company, which has taken the.lace
of the State, should- bia required to do the very
same thing. I believe that the House is ready
to 61E6 Ors view ,Of the Enbject. For that rea
son I withdraw my , motion ,to postpone :indefi
nitely:.: ' • '
Mr. WMIIRTIOIE. • -Do I: understand my
,friettilaiSPEN.salt3 (gret . ..ooo4***)o - tolisty thew
ttbe col ~ ap n had no objection to
r..7lif Without that rfuder- . '
Jstandiag, T,wbuld - AuSte.agsiost the bill. There
dffficulties,inathe,wey of,tha l plusutge of the
bill, and unless theconvi desire its passage,
lotti4gOiniatit. " • "`
Mr REX-moved to recoininitilie..bill to the
Committee °utile Indictee* (loud.)
The motion was not agreed to.
The bill then
Passed' finally.
House-bill No'. 185, an act to repeal certain
portions of the ninth sebtiorrof an act to pro
vide for the regulation and inspection of build
ings.in the city of Philadelphia, approved,May
7,1866.
Passed finally.
House bill No. 1813,'au ackdirecting the man
ner of making election returns in the borough
of Pittston, in the count* of Luserne.
''Pesied - finally. - • • -
House bill,No. 187, an act to-enable the'city
of Erie to sell.her stock in the Sunbury 'and
Erie railroad company. -
On motion 'of - Mi. COCHILAN, (Erie,) 'the
title was amended scras'to comport with,the
language of the substitute adopted. ,
Mr. REX: moved to re-commit the bill to the
Conunittoe on the Judiciary (local,)
On'the question, • `
The yeas and nays were recluiled by Mr. REX
anil Mr. KLINE, and were as follow, viz:
YEAS—Messrs:Alexander, (Centre,) Alexan
der, (Clarion,) Benton, Ellis, Gilbert,- Umber,
Hakes, , Jackson, Josephs, Kerne, (Schuylkill,)
Kline; king, 111.11anns, Marshall, Murselman,
Nelson,' Patton, Quigley, 'Rex, Bpangler and
Walsh-21..._x_.,.. N0v5-- 7 ldessr. Alleman,, - Bilsbach , Barnett,
Bighorn, Billing,falt. Bowman,, (Lancaster, )
Burgwin, Cochran, (Erie;) Cochran,. IPbiladed
phia,) Denraistola: ;-Foster, Glass,• Guernsey,
Haslett, Henry, Herron, Huston, Kaiser, KM
'le*, 'Lobar, Lee, tr.Murtrie,_ Mayer, Miller,
Meyers, Negley,'Olitirra,Oiwig. Pancoart; Per
shing,'Peice,--PurdY, Reed, Reiff, Bice; Riddle,
Robbagon, Sharpe,. Shimer, Smith ,(Lancester,)
Smith, (Pbiladelhia,) Sutphin, Watt,,Veaver,
Weiser, White, Windle„and BMitli, (Chester,)
Speaker pro tem.-48 '
So the question wea,determined-In the'nega r
tive
House bill No. 128, an not 1.5 divide the bo
rough of 'Titusville,' in the county of Crawford,
into two wards, and for other purposes.
Passed. finally.
House bill No. 140, an act to: authorize the
school directors of the borough of Downing
town to sell and convey certain real estate.
Passed finally.:
- Renee bill No.: 141., an act to change the
time orclosing" the polls" at' the general and
townshitt elections in the county of Bradford.
Passed
IHinaan bill No. 142, an act to . change the
place of holding theAeneral and special_ elec
thine 111 Sniquehanna township; 4coming
county.:.
Passed finally., .
House bill No. 141, a further supplement to
ai act inCeiporating the.city of 'Philadelphia.
Poised finally. - • '
House bill-No. 146, an act to Incorporate the
Johnstown hall: and market, company. -
Passed finally.
Holum bill N 0.147 an act tb incorporate the .
Chapman slate company.
Ptuinid , -
House 148, at act to-incorporate the
Hamilton park association of tho Twerity z fimrth
: ivatd; Philadelphia. - -
Passed-finally. •
House supplement -to an act:
to incorporate - the ' l lckaiFtitAta and•Jilooms
burg 'railroad company, r approved April :b , " ,
12.
Passed 'finally:. -f •
House': bill 156, an : ant _reek:tiring the
Qaakalie I :9 lo MY•ttk , f..e_Pa-.thei4roak
in Rush.towu coooty- •
titlp of
bk.iitilltiriecitit P .
logi Obano
: 110 60 1 .3041p435tAi1i coMIAM htivesold.Out ond , l
OmegedlAGliOtie.—.H 1
PRICE TWO: GENTS.
SPEAKER pro tem. The House cannot change
the company.
OILiBER. It is the same company.
They - hav,e changed their title. This is the
name they nee now.
Mr. COCO.BAN (Philadelphia.) Ido not un
derstand this bill. Will the gentleman give
some explanation ?
Mr. 61114.131131. In September, 1862, the
Quakake railway , company sold out to the
Lehigh and tishanoy company, and gave due
notice - to that effect; so that of course there is
co such company now in existence.
Mr. COCHRAN (Philadelphia) I mean as
to the. tenor of the bill.
Mr.. GBABEt. To compel the company to
fence in the railroad to prevent the desttuction
of, cattle. •
The bill.passed
Mottie bill No. 152, an act flr the relief of
Henri Welsh, a Etildier in the State service.
kaased finally. . •
House bill No. 168, an act to pay Lewis Culp,
of Dauphin county, a pension.
Fasted finally.
House bill No. 169, an act'organizing_a com
pany to construct a turnpike road from the Ox
ford plank road, over the road known as the
Milltown road, to Milltown, in the Twenty
third ward, in the city of Philadelphia.
Passed finally : ,
rouse Millie. 162, an act to incorporate the
Germantown and Chestnut Hill tenripike com
pany-
Passed finally-
Home bill No. 163, an act to incorporate the
Highland woollen manufacturing company.
Passed finally.
House bill No 164, and act for Che relief of
Daniel Shanor, of Butler county.
Passed finally.
House bill No. 166, an act supplementary to
an act incorporating the borough ,of South
Pittsburg, Allegheny county.
Passed finally. i
House bill No. 167, an act to incorporate the
Frankforcl and. Falls of Echuyikill turnpike
company.
. . Plumed finally., .
Hogse bill No. 171, aeupplement to, an act to
incorporate the Wissahickon and Plymouth rail
road company.
Passed finally_
House bill No. 172, a further, supplement to
an act incorporating the Penn Mutual life in
sgrence company.
Passed finally:
House bill. No. 95, an. act to regulate the'
compensation of county commissioners, poor
directors, auditors, jurymen and:witnesses in
the county 'co Bucks. .. . -
On motion of Mr.. , 14i134.11„ re cb mtnit!l i u gi., ~"
the Committee g 9; the:indiciary (local ) '
;The House Iben• — adjourried unttUr
!AtINAS" - to tO"Trow martitow. TUN:uses of the
another Mimi,
xx.' ,i
t . ..' ' ~ -' .. pre the outward
. ~ , . pfteamalklng them
efegrtiArrlanda
• Arrival ot'Eseliii!edttnion Pritiol
. . .
. ' rceasiss Mo,iplos, Feb. 16.
. Twenty-six Union officers arrived this fore
noon, having escaped from 'Libby prison on
the-10th inst.. . . -.., , . .
The Rhoge bland Quota Pilled.
Gov. Smith .to-day o ffi cially informed the
General Assembly that the quota of this State
ni er every, call of the President is full.
ye Am. - low
Robbery,
A. clerk.. of Means. Sturges, Bennett & Co.
was robbed to-day of acontaining five
thousand dollars in % bag id, The robbery took
place in the Custom owe.
Escape of Union. Pritioners from Danville.
Foxrr MONSON, Feb. 15_
Three Union prisoners reached here to-day
from Danville, Va., having escaped from the
prison at that place. They have been fifteen
days on the route and came into our lines at
Suffolk.
XXXVIIIth Congress—First Session
SENATE.
. - -
• , WASHINGTON, Feb. 16.
The bill granting lands to the State of Ore
gon to aid in the constriction of military roads
was passed.
On motion of Mr. Hanis, (Ky.:s' the bill re
pealing the statate of limitation in certain
cases was called up and. passed.
The bill as, amended provides that during
the existence' of the rebellion, the time during .
Which a person shall be beyond the reach of
.loyalpreenis,.aludl not be deemed or taken as
any past of the time limited by law for the
commencement, of an action.. ,
On motion of Mr. ,Lane, tile - Senate pro
ceeded to the consideration of the bill setting
apart certain lands in. Texas km: the use of
persons of African descent.. - --
Mr. Lane proceeded to address the Senate
at length on this bi 1.
PSAILIKENS BY TELEGRAPH
• • Pamanaixelti: Feb. 16.
Flour market continues dull, and only 2,500
bbls sold at $6 ; 75 for extra,' and $7 50®8 50
for extra family. Sales of 100 bbls rye flour at
$6 25. Corn meal, nothing doing. Wheat
market dull; 3;500 bush sold at $1 . 65 for red,
$l-85@,1 95 for white. Rye - commands
$1 30. Corn in better demand; .12,000 bush
yellow sold at $1 11(1 12. Oats - doll at 86
®B7. Provisions held firmly. kegs pork,
$23. Crude petroleum sells slowly at 27i®
•28. Refined: in bond at 457 1 , free at 53®55.
Whisky dull and nominal:t..9o®9l.
New YORK, Feb. 16.
Cotton quiet at 81t. Flour quiet;, sales of
5,000 bbls Unchanged prices;
. 011iois quiet
at S 7• 25®7 50; holderir ate askhig an advance
of s®loc. Wheat one cent better; sales of
65,000 bushels- at $1- 56®1 59 for Chicago
Spring; :$1.56®1.- /for MilWatikie Club,
:s4.'6si®V7o=*34Xed, ,Cornegaiet and quota
-4-;0118i,43 : FF1411411 ;pales of 65,000 bushels at
..
2 u(6 1 ,2 1 . for,'new. yelloW Jeisey. Pork
'Aria: • Laid linciyilint at 13013 i. - Whisky
and: noirtinal.' Receipts of flour 13,668
,bbl,. *Leo 2,697 bushels, corn 4,442 bushels.
- BAr-ontora;...Feb. 16.
Flow doh; Howard street $7; ;Wheat firm;
Kentucky white $1 95; coffee steadfat 33.i®
34i; whisky doll; Ohip offered tit'9lc:.
- I fil4W g li a L ,fil* VS lla°4et *
. PIaL4D Feb. 16.
Stockiturket, -- irfActr Pefinsylfsnia fives
V2V; -NOrris-Claztal 69;
Ismg , lskmd 45; rennsylvanisa Roamed 70;
Gold 1601; Exotisuge on New Y.I.VCOm
OL-4.IVDS,
FRommicee, Feb. 16
Nmsr Yomr, Feb. 16